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HomeMy WebLinkAbout1987-08-18 - City Commission Special Meeting Minutesa E MAIL REPLY TO- P,O- BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE 9 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 RECORD OF COUNCIL ACTIONS/DISCUSSIONS August 12, 1987 NOTICE OF SPECIAL MEETING CITY COUNCIL TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Tuesday, August 18, 1987, at 2:00 P.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The subject of the meeting is to interview applicants for the position of City Attorney: David L. Kessler 2:00 P.m. Elaine M. Gatsos 2:30 P.M. Richard L. Doody 3:00 P.M. FINAL ACTION : After interviews with all three candidates, the City Council chose Richard L. Doody subject to negotiation of an acceptable contract. The Mayor, City Manager and City Attorney were authorized to negotiate a contract which will be brought to Council for their review. The City Council may consider and act upon such other business as may come before it. All meetings are open to the public. Carol E. Barbuto City Clerk Pursuant toSection 286.0105, Florida Statutes it a person decides to appeal any decision made by th�., u'� Council with respect to any matter considered at such t" hearing, he will need a record of the proceedings and for sucil" purpose, he may need to ensure that a verbatim record the testimony and evidence upon which the appeal is to be ba.,�ed. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC CITY COUNCIL SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 18, 1987 CALL TO ORDER: Mayor Hart called this Special City Council Meeting to order on V_uesday, August 18# 1987 at 2:05 P.M. in the Council Chambers. ROLL CALL: Mayor Bernard Hart Vice Mayor Sydney Stein Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager A. Bryant Applegate, City Attorney Pauline Walaszek, Secretary The subject of this meeting was to interview applicants for the position of City Attorney. Tape Mayor Hart welcomed David L. Kessler and asked him to tell Council about 1 himself and his background. Mr. Kessler said he served as the Assistant City Attorney for the City of Hollywood for the past 3 years and during this period, he served as the Attorney for the Planning and Zoning Boardt General Attorneys Pension Board and he handled municipal prosecutions and civil litigations on behalf of the City. He said he had monitored other cases and has a good background on government law in Broward County. mayor Hart asked Mr. Kessler to tell Council of the significant court cases he had worked on as the lead counsel involving local government issues. Mr. Kessler said he counseled a Large Users Agreement for the City of Hollywood regarding an ocean Outfall which resulted in a litigation. He said most litigation he handled for the City related to civil matters rather than government matters. lie said he handled a case relating to Wells Fargo and the collection of the City's parking meter revenues result- ing in a Grand Theft charge towards the collector. Mayor Hart asked Mr. Kessler to give a description of the type of govern- ment law he had primarily practiced in. Mr. Kessler said most of his time with the City had been serving as Attorney for the Planning and zoning and Pension Boards. Mayor Hart asked Mr. Kessler if he had been on any regularly appointed Council or Governmental Board and if so, how long and what Boards. Mr. Kessler said he served on the Planning and Zoning Board, Pension Board, and Board of Appeals and Adjustment for the Civil Board. Mayor Hart asked Mr. Kessler what he would view the most important role as a City Attorney. Mr. Kessler said the City Attorney's most important role would be to pro- vide the most sound legal advice possible for the Council and the City. He said because of the several options Council would have on matters, it would be the City Attorney's job to provide the most logical and safe advice for the City with the legal ramifications available for Council. He said when Council did make a decision, it would be the City Attorney's position to defend Council's decision. PAGE 1 8/18/87/pw Mayor Hart asked Mr. Kessler if he understood being appointed as the City Attorney for Tamarac, he would not be allowed to have any clients other than the City of Tamarac. Mr. Kessler said he was presently working under the same conditions at the City of Hollywood. Mayor Hart asked Mr. Kessler to tell Council about some of the recent legislation he had drafted. Mr. Kessler said he had drafted all of the Planning and Zoning legislatio and recently he drafted amendments to the Pension Plan regarding City Em- ployees. I Mayor Hart asked Mr. Kessler how he perceived working with the City Manager and Department Heads as the fn-House Attorney. Mr. Kes sler said it would be important to work closely with the City Manager. He said there had to be unification within the departments and the City Manager was the Chief Administrative officer. He said the City Attorney should provide the legal input and documents needed for each department. Mayor Hart asked Mr. Kessler if he understood that the City Attorney would work directly for the City Council and serve as the City Council requested. Mr. Kessler replied, yes. Mayor Hart asked Mr. Kessler what his greatest area of strength would be if he were selected City Attorney. Mr. Kessler said his greatest area of strength would be his background in goverment law. Mayor Hart asked Mr. Kessler to describe, in detail, the most controversi issue he had encountered as a Government Attorney. I Mr. Kessler said controversy was not the most major issue, however, the City of Hollywood has a Boardwalk and there were several issues to be dealt with regarding the development on the Boardwalk. Mayor Hart asked Mr. Kessler what he would expect the minimum salary requirement to be for the City Attorney position. Mr. Kessler said the position would be a one man operation and based on his salary at the City of Hollywood he would expect $43,000.00 to $45,000.00. At this time, Mayor Hart asked Council if they had any questions for Mr. Kessler. C/M Hoffman asked Mr. Kessler if he was familiar with Charter Boards and particularly with the Charter Board of the City of Tamarac. Mr. Kessler said he had taken the time to read the Charter for the City of Tamarac. C/M Hoffman asked Mr. Kessler if he had any feelings regarding the Charter Board and if needed for advice, would he have any objections to giving it. Mr. Kessler said the Charter Board served a big part in the options of thi City and he would not have any objections to complying with the advice needed by the Charter Board providing the advice would not lead to a con- flict or litigation towards the City Council. PAGE 2 8/18/87/pw C/M Hoffman asked Mr. Kessler how he felt about unionization for municipal employees. Mr. Kessler said unions could provide certain benefits for employees, ho;#- ever, unions could cause friction for management if handled improperly and if the relationship could be harmonious, a union work place could be good for the City. C/M Hoffman asked Mr. Kessler if he had any weaknesses that would reflect on the position, if he were chosen for City Attorney, Mr. Kessler said it would take time to learn the lay of the land, however, because of his experience, his weaknesses would not reflect on the City Attorney position. With no further questions from Council or staff, Mayor Hart thanked Mr. Kessler and said he would be informed of Council's decision. Mayor Hart welcomed Elaine M. Gatsos and asked her to tell Council about herself and her background. Ms. Gatsos said she has lived in Broward County for 10 years and graduated from law school at Nova University in 1980. She said she currently works with the law firm of Stewart and Walker and one of her clients is the City of Coconut Creek. She said she was appointed as the Assistant City Attor- ney for Coconut Creek in 1983 and the position takes most of her time. Prior to the appointment, she had been employed with the law firm of Anthony Titone and worked assisting him. She said she did municipal work for the City of Lauderhill. She said she grew up in Indiana and attended Purdue University which she majored in political science. She said she had been involved with the democratic party and was the president of the young democrats. She said she was interested in sports such as golf and tennis. She said her career is very important to her and she would like to advance as much as she can because of her interest in municipal law. Mayor Hart asked Ms. Gatsos to tell Council of the significant court cases she had worked on as the lead counsel involving local government issues. Ms. Gatsos said there had been a conflict with Broward Community College over an Ingress/Egress located in Coconut Creek regarding the college complying with the restrictions the City imposed. She said the college sued the City seeking an injunction to prevent the City from imposing any restrictions and was lead counsel in the case. She said she was lead counsel for the City of Coconut Creek regarding foreclosures and prosecu- tions. She said as co -counsel with Mr. Stewart, she was involved with major litigations titled Section 1983 (Federal Civil Rights Act) brought against the City by a developer for a stop work order. She said the case resulted in a verdict against the City in the amount of 2.5 million which is presently being appealed. She said she had been involved in construc- tion litigation such as the deficit litigation which the City was not insured and as lead counsel, she was proud to say the case was successful. She said she had been involved in minimal employee situations and had been co -counsel on arbitration matters. Mayor Hart asked Ms. Gatsos to give a description of the type of govern- ment law she had primarily practiced in. Ms. Gatsos said she has worked with the City of Lauderhill and Coconut Creek. She said she has drafted Resolutions and ordinances for the Cities and attends staff meetings with all the departments of the City. She said she has drafted contracts, negotiations, attended Council meetings, been involved with the Community Development Department and drafted the waste PAGE 3 8/18/87/pw J water agreements. She said she is heavily involved in the redrafting of the land development code regulations and she has just finished recodi- fying all the Oridinances for the City of Coconut Creek and she also advises the Code Enforcement Board. Mayor Hart asked Ms. Gatsos if she had been on any regularly appointed Council or Governmental Board and if so, how long and what Boards. Ms. Gatsos said she only counseled and advised City boards. mayor Hart asked Ms. Gatsos what she would view the most important role as a City Attorney. Ms. Gatsos said as any attorney/client relationship, it would be her job as the City Attorney to protect the Council and the City legally. Mayor Hart asked Ms. Gatsos if she understood being appointed as the City Attorney for Tamarac, she would not be allowed to have any clients other than the City of Tamarac. Ms. Gatsos said it would be a different position than she currently holds, however, the City of Tamarac as a growing city, would allow her no other time for other clients. Mayor Hart asked Ms. Gatsos to tell Council about some of the recent legislation she had drafted. Ms. Gatsos said she has recently drafted the pit bull ordinance for the City of Coconut Creek and recodified all the previous ordinances for that City. Mayor Hart asked Ms. Gatsos how she perceived working with the City Manager and Department Heads as the In -House Attorney. Ms. Gatsos said she would not consider herself working for the City Manage but with the City Manager and the Department Heads to protect Council and the City. she said she would prefer working closely with the City Manager and the Department Heads so she would be aware of all the activities in- volving the City. Mayor Hart asked Ms. Gatsos if she understood that the City Attorney would work directly for the City Council and serve as the City Council requested. Ms. Gatsos replied, yes, absolutely. Mayor Hart asked Ms. Gatsos what her greatest area of strength would be if she were selected City Attorney. Ms. Gatsos said her experience in drafting ordinances, legislation and con- tracts. She said she would have the ability to see a situation that exist- ed and create the best legislation for Council. She said her experience in land use development would benefit the City's needs. Mayor Hart asked Ms. Gatsos to describe, in detail, the most controversial issue she had encountered as a Government Attorney. Ms. Gatsos said the Broward Community College was her most controversial case. Mayor Hart asked Ms. Gatsos what she would expect the minimum salary requirement to be for the City Attorney position. I PAGE 4 8/18/87/pw Ms. Gatsos said with her 7 years experience and all the municipal work she had done, $65,000.00 would be expected which would include any prosecutions and litigations the City did not want to farm out. At this time, Mayor Hart asked the press if they would not stress the expected wages the interviewers were requesting. He then asked Council if they had any questions for Ms. Gatsos. C/M Hoffman asked Ms. Gatsos if she was familiar with Charter Boards and particularly with the Charter Board of the City of Tamarac. If so, what were her feelings regarding the Charter Board and if needed for advice, would she have any objections to giving it. Ms. Gatsos said she believed -a City Charter was the Declaration of Indep- endence for the City it was serving and it may not be a negative board to have for a City. She said the only conflict she would have on advising the board would be if the City Council did not agree upon the matter. Her personal opinion was she thought it would be difficult for the City Council not to have any input on the documents it had to live by. C/M Hoffman asked Ms. Gatsos how she felt about unionization for municipal employees. Ms. Gatsos said by past experience, she did not have any objections to having a union providing it worked with the management of the City. C/M Hoffman asked Ms. Gatsos if she had any weaknesses that would reflect on the position, if she were chosen for City Attorney. Ms. Gatsos said the labor laws would be her weakness because of her lack of experience in dealing with the laws. C/M Stelzer asked Ms. Gatso if she was employed by the City of Coconut Creek. Ms. Gatsos said she was appointed as Assistant City Attorney for the City of Coconut Creek, however, she was not on their payroll. With no further questions from Council or Staff, Mayor Hart thanked Ms. Gatsos and said she would be informed of Council's decision. Ta pe Mayor Hart welcomed Richard L. Doody and asked him to tell Council about 2 himself and his background. Mr. Doody said he was presently the Assistant General Counsel with the Board of County Commissioners of Broward County. He said he has lived in Broward County since 1960 and he was originally born in St. Louis, Missouri. He said his primary duties at the County are in land use, zoning and water issues. He said he had worked for the County for 5 years and prior to the County, he worked for a law firm in the City of Oakland Park. He said as a part time employee he had worked for the City of Margate and when he came to the County in 1982, he was hired as a law clerk for 3 months and then he was promoted to the Assistant General Counsel. He said he was the legal counsel for the Broward County Code Enforcement Board for 2 years and he sits with the Water Resource Advisory Board and advises them of the Wellfield Protection ordinance and the Water Resource Management and Supply issues. He said he was involved and drafted amendments of the Well - field Protection ordinance. He said he has handled litigation on behalf of the City and his latest case involved Broward County and the Dollhouse III Adult Theatre. He said he has handled three litigation issues regarding Broward County and the City of Sunrise and he has handled numerous annex- ation issues. He said he presently advises the County's Planning and Zoning Board and has done so for 3 years. PAGE 5 8/18/87/pw Mayor Hart asked Mr. Doody to tell Council of the significant court cases he had worked on as the lead counsel involving local government issues. Mr. Doody said he handled a number of litigation cases for Planning and Zoning. He said he was particularly proud of annexation cases and in 1984, the Bonaventure annexation with the City of Sunrise which he handled in all courts. He said the Dollhouse III case involves several first amendment issues and the County's right to assign zoning restrictions. He said he would like this case to have a nationwide impact regarding night clubs. Mayor Hart asked Mr. Doody to give a description of the type of govern- ment law he had primarily practiced in. I Mr. Doody said his strongest area would be in land use and zoning. He said he presently works in an office with 23 Attorneys and the issues are run by the office as a whole; therefore, all of local government issues were covered. He said his particular area of expertise is zoning. He said Arvida Corp was an issue he was working closely with which involved plats and zoning which the local government was involved with. Mayor Hart asked Mr. Doody if he had been on any regularly appointed Council or Governmental Board and if so, how long and what Boards. Mr. Doody said since 1983 and currently in the position he holds on the Broward County Planning & zoning Board which makes the final recommend- ations for the Board of County Commissioners. He said for 2 years he was regularly on the Broward County Code Enforcement Board. He said currently he was legal counsel for the Broward County Water Supply Advisory Board which advises municipal and county officials on plans for water supply. He said he is legal counsel for the Broward County Water Resource and Advisory Committee which involves issues on Wellfield protection and its application nationwide. Mayor Hart asked Mr. Doody what he would view the most important role as a City Attorney. Mr. Doody said it would the City Attorney's responsibility to keep the City out of trouble and out of court. He said the City Attorney should anticipate any potential legal problems the City may come across and to guide the City Council away from any possible problems. Mayor Hart asked Mr. Doody if he understood being appointed as the City Attorney for Tamarac, he would not be allowed to have any clients other than the City of Tamarac. Mr. Doody replied, yes. Mayor Hart asked Mr. Doody to tell Council about some of the recent legislation he had drafted. Mr. Doody said he has drafted all of the Broward County zoning legislation for the last 4 years and all of the Wellfield Protection legislation for the last 2 years. He said he had been involved with a recent state legislation involving mobile homes and zoning provisions. Mayor Hart asked Mr. Doody how he perceived working with the City Manager and Department Heads as the In -House Attorney. Mr. Doody said from his experience working with the County, the City of Oakland Park and the City of Margate, he believes it would be very impor�--, tant to work with the City Manager and Department Heads and to provide them with sound legal advice when needed. PAGE 6 8/18/87/pw 17 L -A I I Mayor Hart asked Mr. Doody if he understood that the City Attorney would work directly for the City Council and serve as the City Council requested. Mr. Doody replied, yes. Mayor Hart asked Mr. Doody what his greatest area of strength would be if he were selected City Attorney. Mr. Doody said his greatest strength would be in land use, zoning and water issues. Mayor Hart asked Mr. Doody if there would be a problem drawing up required documents needed by the City such as Resolutions or Ordinances. Mr. Doody replied, no. mayor Hart asked Mr. Doody to describe, in detail, the most controversial issue he had encountered as a Government Attorney* Mr. Doody said the annexation proposal caused controversy nationwide and the Dollhouse III issue which is controversial with the residents and the County. Mayor Hart asked Mr. Doody what he would expect the minimum salary requirement to be for the City Attorney position. Mr. Doody said $45,000.00 would be his minimum amount. At this time, Mayor Hart asked Council if they had any questions for Mr. Doody. C/M Hoffman asked Mr. Doody if the City wished to embark in an annexation program would he assist the City in doing so. Mr. Doody replied, yes. He said he was very involved with annexation issues at the present time. C/M Hoffman asked Mr. Doody if he was familiar with Charter Boards and particularly with the Charter Board of the City of Tamarac. If so, what were his feelings regarding the Charter Board and if needed for advice, would he have any objections to giving it. Mr. Doody said he was not familiar with the Charter Board other than reading about it in the newspapers, however, he understands the Charter Board has a higher power profile in the City of Tamarac than in other Cities. He said providing there would not be a conflict with the City Council and if the City Council deemed it appropriate, he would have no objections to advising the Charter Board. With no further questions from Council or Staff, Mayor Hart thanked Mr. Doody and said he would be informed of Council's decision. Mayor Hart suggested Council discuss the interviews at this time. C/M Hoffman said he believed all of the applicants were qualified for the job,-jlowever, he would pick Mr. Doody because of his past experience in goverronent issues. He said the City could use Mr. Doody's expertise. C/M Rohr said he agreed with C/M Hoffman in choosing Mr. Doody. He said the City could use his expertise. V/M Stein said of the three interviews, Mr. Doody did not have any munici- pal experience, however, he did not have any objections with Mr. Doody being the City Attorney for the City of Tamarac. PAGE 7 8/18/87/pw City Attorney Applegate said his experience with the County was the same as a municipal attorney; therefore, being Mr. Doody did not have municipal experience it would not interfere with the City Attorney position. He said he felt Mr. Doody's expertise in zoning, planning and annexation would benefit the City. V/M Stein said he agrees appointing Mr. Doody would be good, however, he was worried that Mr. Doody would need to review and understand the municipal obligations. C/M Hoffman said Ms. Gatsos wanted too much for a starting salary and said Mr. Doody would serve the City best with his experience, I C/M Stelzer said his only question would be why Mr. Doody would be stepping down from the County. City Attorney Applegate said Mr. Doody worked in an office that consisted of 23 attorneys and he may be listed as attorney #15, therefore, it would not be a step down, it would be a step up. V/M Stein said Mr. Kessler and Ms. Gatsos were Assistant City Attorneys and took orders from the City Attorney, however, Mr. Doody had been legal counsel for the Planning and zoning Board, Code Enforcement and many other Boards which proves he would have expertise in making decisions; there- fore, Mr. Doody would be very qualified for the position. Mayor Hart said financial issues did not concern him. His concern would be in the future, if the City of Tamarac decided to use an outside attorney instead of an in-house attorney. He said after numerous discussions with other attorneys and a prominent judge, it had been unanimous that Mr. Doody would best fit the needs of the City of Tamarac because of his connections with the County and his experience. Mayor Hart asked City Manager Kelly who he would choose. City Manager Kelly said he was very impressed with Mr. Doody's qualifi- cations and he believed Mr. Doody would be an asset to the City. I Tape Mayor Hart asked City Manager Kelly and City Attorney Applegate to create 3 a contract appointing Mr. Doody as City Attorney for the City of Tamarac. He said with Council's approval, he would like to assist City Manager Kelly and City Attorney Applegate with the contract and he would call a special meeting for Council approval. C/M Stelzer MOVED to APPROVE Mayor Hart, City Manager Kelly and City Attor- ney Applegate preparing a contract which would appoint Mr. Doody as the City Attorney for the City of Tamarac, providing the contract be brought back to Council for Approval, SECONDED by V/M Stein. VOTE: Mayor Hart adjourned this meeting at 4:30 Em WM CAROL E. BARBUTO, CITY CLERK ALL VOTED AYE: P.M;9'4J 14/_/ ,�,S_E_RNXRb -H-AR-T,' MAYOR "This public document was promulgated at a cost of $28.80 or $3.60 per copy to inform the general public and public officers and employees of recent opinions and considerations by the City Council of the City o6,fya61p " TAMARAC PAGE 8 APPROVED AT MEETING OF 8/18/87/pw City Clerk V/